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december 1994

Supreme Court of India · 1994-12-01

STATE BANK OF INDIA vs AJIT JAIN .

Citation / case number
SC 1988/68975
Court
Supreme Court of India
Petitioner
STATE BANK OF INDIA
Respondent
AJIT JAIN .
Author
R.M. SAHAI
Bench
R.M. SAHAI

Judgment text excerpt

The Supreme Court addressed the execution of a decree under Order XXI Rule 90 of the Code of Civil Procedure, emphasizing the necessity of adhering to mandatory legal provisions during auction sales. The Court held that the sale was void due to violations of these provisions, thus allowing the objections raised by the appellant and the judgment-debtor. The outcome was a remand to the Trial Court for a proper adjudication of the objections, ensuring that all parties were afforded the opportunity to present evidence.

STATE BANK OF INDIA vs AJIT JAIN . · Niyam